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Allahabad High Court · body

2001 DIGILAW 330 (ALL)

MAMTA MITTAL v. STATE OF UTTAR PRADESH

2001-04-10

R.K.AGRAWAL

body2001
R. K. AGRAWAL, J. ( 1 ) THE petitioner, Smt. Mamta Mittal, has filed the present writ petition under Article 226 of the constitution of India seeking a writ, order or direction in the nature of certiorari quashing the order dated 24. 5. 93 passed by the Director of Education, U. P. , Allahabad, respondent No. 2, filed as Annexure No. 12 to the writ petition. She further seeks writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the peaceful working of the petitioner as an Assistant Psychologist as a regular candidate which was made on 21. 7. 88 and she be entitled for all the benefits. ( 2 ) THE facts of the case in brief are that the petitioner was appointed as an Assistant Psychologist in the Bureau of Psychology, U. P. , Allahabad on 16. 8. 78. She joined on 18. 8. 78. Vide order dated 21. 7. 88 passed by the Director of Education, U. P. , Allahabad, copy of which has been filed as Annexure No. 2 to the writ petition her services had been regularised. The petitioner has done m. A. in Psychology from the Lucknow University and also holds the Diploma in Guidance psychologist. Vide order dated 24. 5. 93 the Director of Education, U. P. , Allahabad, had issued an office order in which he had kept in abeyance the regularisation order dated 21. 7. 88 till clarification sought for from the State Government is received. The order dated 24. 5. 93 is under challenge in the present writ petition. ( 3 ) I have heard Sri Arjun Singhal, learned Counsel for the petitioner and the learned Standing counsel, who represents the respondents. ( 4 ) LEARNED Counsel for the petitioner submitted that the petitioner possessed all the requisite qualifications for being appointed on the post of Assistant Psychologist and she was rightly regularised vide order dated 21. 7. 88 and there was no occasion for Director of Education to keep the said order in abeyance or to seek clarification from the State Government. He relied upon a government Order No. 2855/15 (2)-36 (56)/74, dated 20. 5. 75 in which the qualification for the various posts in the Bureau of Psychology has been fixed, which reads as follows : "prastavit Yogyta. Manovigyan, Allahabad or An kisi Samkach Sanstha dwara samayojit teen many ya. He relied upon a government Order No. 2855/15 (2)-36 (56)/74, dated 20. 5. 75 in which the qualification for the various posts in the Bureau of Psychology has been fixed, which reads as follows : "prastavit Yogyta. Manovigyan, Allahabad or An kisi Samkach Sanstha dwara samayojit teen many ya. Carier master Parshishchar/diploma in Guidence Psychologist ya Samkach Parshischar prapt Abhyarti ko variyata dijaye gi. " He submitted that the three months training of Carrier Master Instructor or Diploma of guidance Psychologist of the Bureau of Psychology, UP. , Allahabad, is the only preferential qualification and not the minimum qualification. Since the petitioner has done Diploma of guidance Psychologist, she is eligible for being appointed on the post of Assistant Psychologist. There is no dispute regarding the Government Order dated 20. 5. 75 referred to above which laid down the preferential qualification. The learned Standing Counsel further did not dispute that the petitioner holds the Diploma of Guidance Psychologist which is one of the preferential qualification. Thus, it cannot be said that the petitioner does not possess the requisite qualification for the post of Assistant Psychologist. The order of regularisation passed in the year 1988 thus does not suffer from any infirmity with the prescribed qualification. There was no occasion for keeping in abeyance the order of regularisation for seeking any clarification from the State Government. ( 5 ) IN view of the foregoing discussions, the impugned order dated 24. 5. 93 filed as Annexure No. 12 to the writ petition is hereby set aside. The petitioner is entitled for all the consequential benefits. The writ petition is allowed. .